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Debt Claims Case - Rule 508

The claim amount can be for no more than $10,000, excluding statutory interest and court costs but including attorney fees, if any.

Debt claim cases in justice court are governed by rules 500-507 and 508 of Part V of the rules of civil procedure. To the extent of any conflict between rule 508 and the rest of part v, rule 508 applies.

In all small claim/debt claim suites, the defendant has the right to be sued in the county and precinct in which they reside

In addition to the information required by rule 502.2, a petition filed in a lawsuit governed by this rule must contain the following information:
  • Credit accounts In a claim based upon a credit card, revolving credit or open account, the petition must state:
    1. The account name or credit card name;
    2. The account number (which may be masked);
    3. The date of issue or origination of the account, if known;
    4. The date of charge-off or breach of the account, if known;
    5. The amount owed as of a date certain; and
    6. Whether the plaintiff seeks ongoing interest.
  • Personal and business loans. In a claim based upon a promissory note or other promise to pay a specific amount as of a date certain, the petition must state:
    1. The date and amount of the original loan;
    2. Whether the repayment of the debt was accelerated, if known;
    3. The amount due as of the final payment date;
    4. The amount owed as of a date certain; and
    5. Whether plaintiff seeks ongoing interest.
  • Ongoing interest If a plaintiff sees ongoing interest, the petition must state: The effective interest rate claimed;
    1. Whether the interest rate is based upon contract or statute; and
    2. The dollar amount of interest claimed as of a date certain.
  • Assigned debt. If the debt that is subject of a claim has been assigned or transferred, the petition must state:
    1. That the debt claim has been transferred or assigned;
    2. The date of the transfer or assignment;
    3. The name of any prior holders of the debt; and
    4. The name or a description of the original creditor.
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